Jump to content


Zeroxed

Time limits on documents

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2512 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My question is based on a sale of goods act and trading standards infringements by Xerox (UK) Ltd. What I need is an answer to the questions at the end but will try and tell you about our dispute.

I now have evidence, 6 years later, that Xerox (UK) Ltd and their Premier Partners Zerographic System Ltd sold, at the time, expensive digital printing presses that had a known fault and were over specified.

The document they used in their statements in Feb 2012 to say that we bought the wrong machine (the route of the dispute in 2006) was a Customer Expectation Document (CED) that was produced, by Xerox (UK) Ltd and dated 2 weeks after we bought the machine.

It was not known of, or shown to us, until Feb this year (2012) and during an investigation concerning this new evidence used against us we unearthed that in correspondence between Xerox & Zerographic’s, in 2010, that Zerographic’s themselves had not known of such a document existed until November 2010.

The CED specifications say at best the machine will only do 10,000 to 40,000 per month regularly, 5% to 20% of the brochure's specifications of up to 200,000 per month (there is no indication on the brochure that other specifications or technical information is available) and both Xerox and Zerographic’s did not make us aware of this discrepancy in pre negotiations of purchase (they could not as the CED did not exist at the time of purchase).

If they had it was obvious it would not do the 50,000 to 75,000 copies per month we needed and we would have bought the Canon Digital Press. I have 3 independent witness statements that support at no point at a trade show (6 weeks before purchase) did Xerox or their reps. say it was not suitable and in fact on they supported it was perfectly fine for our use. Xerox gave us the brochures at the show.

The twist and turns over the last 6 years I would need a week to explain.

In the end we were run in and out of court for CMC's and mediation which all made no sense until this document appeared in Feb 2012. We had spent over £180,000 in legal fees to end up at the beginning when we asked both in November 2006 to state why they say the machine was working within their specifications when in reality it was not even working closely to the specifications we had. They avoided replying to this until Feb 2012

In the end we went to court as litigants in person. No choice as we have run out of money. Solicitors only work if paid.

To say the hearing was a farce as we have £0 and they have an endless pot.

The reasons for the hearing are complex. What I need to know is very simple.

  1. Does anyone know the limitations in time to presenting a skeleton argument for a court hearing? I have been told it is 7 days prior.
  2. Does anyone know the rules and where I can find them?
  3. Does a lay representative have to have specific litigation knowledge or experience?

No 3 is contentious but the judge in our case refused our request specifically on the grounds of his lack of litigation experience even though he was a retired Police Chief Inspector. I was there but cannot defend myself when I am in such intimidating places. I also have a serious stress situation. I have checked and there are guidelines but nowhere I can find the specific reason the judge used.

Can anyone answer no 1 and 2 for me? 3 I am not too bothered but would like to know

Thanks

Edited by Zeroxed

Share this post


Link to post
Share on other sites

I have moved your thread to legal issues forums - I think you will attract more attention there :)

 

Will also flag your thread for site team - who might know the answers :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

A McKenzie friend can be used, although more common in divorce cases it is becoming more usual in many civil cases.

 

Re: point 3 see;

 

http://tinyurl.com/ct2y5ln

 

http://en.wikipedia.org/wiki/McKenzie_friend


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...